Terms and Conditions

Interpretation
In these Conditions

"We", “Us”, “Our” and similar expressions means Solex Energy Ltd
“You”, “Your”, “Yourselves” and similar expressions means the buyer of Solex Energy Ltd’s products or services and/or the user of Solex Energy Ltd’s website.
"Contract" means the contract for the sale and purchase of the goods.
"Writing" and any similar expression, includes facsimile transmission, email and comparable means of communication.
“Conditions” means these terms and conditions.
“Website” means the website at www.solexenergy.co.uk

Contracts and orders are accepted only subject to these terms and conditions, and you shall be bound by such conditions. No modification of these conditions shall be binding on us unless accepted by us in writing.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

These conditions are governed by and construed in accordance with the laws of the |United Kingdom, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of the United Kingdom.

Your Online Account
You are responsible for maintaining the confidentiality of your login details, that is your email and password.  You should take all steps necessary to ensure that your password remains secure

You should ensure that the details you provide are accurate and complete, and ensure that you keep us informed of any changes to your account details.

Access and Use of Information on the Website
We will do our best to ensure access to the website at all times, however we reserve the right to add, remove or edit content, to refuse access to the website, to suspend or terminate accounts, or to cancel orders at our discretion.  Cancelled orders will be at no charge to you.

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

We grant you a limited license to access the website for the purposes of obtaining information about our products, and for purchasing our products.  The license does not allow the reproduction or copying of any text, images, files or other material for commercial purposes without our written permission, unless that reproduced material is being used exclusively to facilitate the specifying or purchase of our products by you.

We grant you a limited and revocable right to create a hyperlink to the homepage of the website, as long as this link does not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive manner.

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, files and software, is the property of us and is protected by United Kingdom and international copyright and database right laws.

Privacy
We may receive information about you from information you give us, from automatic information (cookies, login information, web browser information etc.), from emails you send us, and from other sources.


We will only use this information, or share this information with others, for the purpose of providing you with the goods and/or services that you may purchase from us, and to keep you informed of products and services that we offer.

If our business is sold or otherwise transferred, this information will be transferred as part of the assets of the business.


Electronic communications
When you use our website or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by displaying information on the website. You are responsible for all electronic communications sent from your computer to us.

For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Stock and Availability
We show stock levels for the products on the website alongside the product descriptions and information.  We cannot guarantee that the stock figures are accurate, and so cannot guarantee the availability of any product.  If after placing the order items become unavailable, we will inform you of this.

Pricing
All prices exclude vat.

Occasionally a product may be mispriced on the website.  If the correct price is lower than that stated on the website, we will charge you the lower price.  If the correct price is higher than that shown on the website we will contact you for instructions, or we will cancel your order.

When ordering goods for delivery overseas you may be subject to import duties and taxes, which are levied once the package/consignment reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be.

The prices charged will be those provided by us in a written quotation, or if no quotation is provided those on the website at the time of ordering.

Quotations and Pricing Variation
Written quotations are valid for three months, unless otherwise stated. The provision by us of a quotation is not an offer for sale by us, and does not form any part of any contract.

Prices quoted refer to the stipulated quantities only and will not necessarily hold good for other quantities. The quoted price is subject to adjustment if any changes are made by you to the specification or quantities of the goods, services or delivery requirements.

The pricing calculators and spreadsheets provided on the website or by email are for guidance only, and are not guaranteed to be accurate for calculating correct quantities or prices.

The Contract
i) Standard stock items: Your order represents an offer to us to purchase a product which is accepted by us when we deliver your goods to you. Items that are out of stock do not form part of that contract. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order. We reserve the right to deliver by instalments in which case each delivery shall constitute a separate contract without prejudice to subsequent deliveries.

ii) Special order items that have been specially ordered, sourced or manufactured for you: The contract is deemed to be made when we accept payment for the item. There shall be no rights of cancellation or return by you for special order items. (Note most thermal stores are considered special order items).  We may cancel the contract and return your payment with no liability to ourselves if the item becomes unavailable for any reason or if it is subject to a price rise by our suppliers.

Payment
Unless otherwise specified the goods or each instalment of the goods in cases where they are to be delivered by instalments shall be paid for before delivery.

Unless otherwise specified the payment for services shall be within 30 days from the date of invoice.


Failure to make payment at the due date shall entitle us to suspend services until payment is made or to cancel the contract in writing, or to treat the contract as repudiated by you without prejudice to our rights to damages for breach of contract. If there is any delay in making payment we shall be entitled to charge interest on the outstanding amount at 8 per cent above the base rate charged by our bankers from time to time from the due date until the date of actual payment.

Delivery
Delivery shall be when the goods are ready and at our nominated place of delivery which shall be your premises or designated delivery address if carriage is effected by us, our carriers or agents, or our premises if you or your carrier or agent collects.

We endeavour to dispatch goods which we stock ourselves within two working days of payment of cleared funds, or at a later date if advised by yourselves.

Certain items delivered direct from third parties, such as hot water cylinders, will normally be delivered within 10 days of payment.

Thermal stores are normally delivered within 3 weeks of payment.

We shall use our reasonable endeavours to deliver on the stated delivery date but no guarantee as to the date or rate of delivery is given and we accept no liability for late delivery or loss of profit or any consequential damage arising therefrom.

Risk
Risk of damage to or loss of the goods shall pass to you on delivery.  Unloading of the goods from the transport at your premises is at your risk.  If the delivery takes place at our premises, then loading your or your agent’s transport is at your risk.

Property and Title
The property in the goods shall not pass to you until we have received in cash or cleared funds full payment for the goods and all other goods agreed to be sold by us to you for which payment is then due.

Until such time as the property in the goods passes to you, you shall hold the goods as our agent, and shall keep the goods properly stored, protected and insured and identified as our property.  Until such time as the property of the goods passes to you, we may at any time require you to deliver up the goods to us and, if you fail to do so enter on any premises of you or any third party and repossess the goods.

Claims for non-delivery / short delivery / goods damaged in transit
All goods must be inspected by you immediately on delivery to ensure that the goods are undamaged, present in the correct quantities, and are the ones which you ordered.

You must accept and pay for the goods unless you inform us in writing within 7 working days of delivery in respect of damage or short delivery, or within 14 days of notification of dispatch in respect of non delivery.

Any deliveries knowingly accepted in a damaged condition must have the damage noted in detail on the carrier’s consignment note or other similar documentation.

Cancellation,
Returns and Refunds
Special order items that have been specially ordered, sourced or manufactured for you are exempt from this cancellation and returns policy. (Note most thermal stores are considered special order items)

You may return goods for any reason within 14 days of receiving them, and we will refund the purchase price in full minus delivery charges, as long as the goods are undamaged, still in the original undamaged packaging and are suitable for resale.
 
Goods returned within 14 days which are damaged, dirty or have damaged packaging may be eligible for a partial refund at our discretion and up to a maximum 80% of the purchase price depending on their condition.

All goods must be returned at your cost and your risk, unless they were delivered in a faulty or damaged condition.

Goods may not be returned for any reason after 14 days from receipt unless they were delivered in a faulty condition.  Goods which are returned due to being delivered in a faulty condition will be either replaced or refunded, at our discretion.

We will not replace or refund faulty goods until those goods are returned to us, or until we have authorised you to dispose of those good in some other way.

Suitability of Goods
Any advice or recommendation given by us or our employees or agents to you or your employees or agents as to the storage, application or use of the goods which is not confirmed in writing by us is followed or acted on entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation which is not so confirmed.

Any literature or guides supplied by us describing arrangements or diagrams for use of the products and/or for the integration of the products with other products or services, shall be understood to be suggestions for use of the products, and not necessarily the correct or best use of the products in any given situation.

You confirm that you rely on your own skill and judgment in determining the suitability of the goods ordered for any particular purpose. Unless agreed by us otherwise in writing you are solely responsible for ensuring suitability of the goods for your purposes.

Any typographical, clerical or other error or omission in any sales or technical literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.

Specification
We may make any changes in the specification of the goods which are required to conform with any applicable statutory or EU requirements or, where the goods are to be supplied to our specification, which do not materially affect their quality or performance.

Any performance figures given or published by us verbally or in writing are estimates for guidance purposes only.  Solex cannot guarantee that the system will or will not perform to any figures mentioned given or published by Solex

We reserve the right to substitute the described goods for other similar goods


Warranty and Liability
We warrant the goods to be free from defects in materials and workmanship:

- In the case of roof components for a period of ten years from either the date of commissioning or one month after the delivery date, whichever is earlier.
- In the case of all other components for a period of one year from either the date of commissioning or one month after the delivery date, whichever is earlier.
- In the case of services and installation work for one year from date of commissioning.  Where roof installation only is carried out, the date of commissioning shall be taken as the date that the roof system is pressure tested and found to be free of defects.

Roof components are defined as those parts we supply which are designed to be used above the roofing membrane of a roof.

Any damage by vermin falls outside the scope of this warranty.  Adequate precautions should be put in place to prevent vermin reaching the roof components.

A claim by you which is based on any defect in the quality or condition of the goods or services shall be notified to us within seven working days from the date of delivery or where the defect or failure was not apparent on reasonable inspection within a reasonable time after discovery of the defect or failure.

Where a claim in respect of any of the goods or services which is based on defect in the quality condition or specification is notified to us, and we have accepted such claim following an investigation by us, we may replace the goods (or the part in question) free of charge or, at our sole discretion, refund to you the price of the goods (or a proportionate part of the price), in which case we shall have no further liability to you.


Except in respect of death or personal injury caused by our negligence, or liability for defective products under the Consumer Protection Act 1987, we shall not be liable to you by reason of any representation, implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the supply of the goods or services (including any delay in supplying or any failure to supply the goods or services in accordance with the contract or at all) or their use or resale by you, and our entire liability under or in connection with the contract shall not exceed the price of the goods and services.

Health & Safety
By purchasing any goods from us you acknowledge that you have read and understood our health and safety advice given in the relevant installation guide or literature, and any advice provided with the product.

Insolvency
If you make a voluntary arrangement with your creditors or become bankrupt or become subject to an administration order or go into liquidation or an encumbrancer takes possession of any of your property assets, or a receiver of any of your property assets is appointed, or you cease or threaten to cease to carry on business; or we reasonably apprehend that any of the events mentioned above is about to occur in relation to you and notify you accordingly, then, without limiting any other right or remedy available to us, we may cancel the contract or suspend any further deliveries under the contract without any liability to you, and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these terms and conditions at any time. You will be subject to the policies and terms and conditions in force at the time that you use the website or that you order goods or services from us, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Force Majeure and Unforseen Circumstances
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).

We shall not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods or services by us to you was formed.

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